ASSAULT

An assault case is an aggravation you do not need. But with the right approach, our defence lawyers can get the result you want.

This can mean being aggressive or even diplomatic on your behalf, but always being ready to cut through the prosecution case in court.

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Police mistakes and unfairness in the process

An assault allegation can be difficult to deal with because by the time the police have been called and the finger is pointed at you, it can seem like they have already made their minds up about what happened. This is a problem because it can result in the process starting and continuing against you in a way which is unfair. This can mean you end up trying to prove your innocence to a police officer who is working actively to get you charged and convicted.

From the time the police are called in, the odds are usually stacked against a suspect. People who are interviewed often don’t realise that the police aren’t simply neutral and independent as they sometimes claim. You discover that instead you need to be proactive in defending yourself, and not just rely on the professionalism and goodwill of police officers.

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What steps should I take and who should I speak to?

With the right advice, a lot can be done to turn the odds in your favour. If you know at the interview stage whether you should be giving a full response or saying nothing, you will be able to improve your chances as a whole. Should I put forward an alibi? Should I disclose that it was self-defence? Should I say nothing until I know more? These are questions that specialist assault solicitors will be able to answer. With an expert legal team in place, your case can be presented at the police station or at court in a powerful way that puts you in a strong position. Having assault solicitors and barristers to prepare the case makes a difference. They will have excellent understanding and experience of the legal rules relating to, for example, ID, self-defence, unintentional injury, and they will be able to discuss these with you, but also explain them clearly and effectively in court on your behalf so you have the best chance.

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How our assault solicitors get cases dropped and won

Our approach in an assault case is to provide extreme focus and care to your case from the very beginning. The advice we give you at the police station investigation stage is considered with you in detail. This gives you the best chance of the case getting dropped early, and if it continues, the best chance of a not guilty verdict. This is tailored to what you tell us you need, whether it is avoiding conviction, avoiding prison, or protecting your career.

From the beginning of the case until the end we’re the ones working to bring the pressure to the other side, not the other way round. They know that they are dealing with a properly prepared, expert team, and this can be an advantage when we negotiate with them for you. For trial we assemble a team of assault solicitors, barristers and if we need them forensic expert witnesses. If the money is available, we are able to bring in a QC or the top level of barrister, in order to help put the result beyond doubt.

 

Dos and don'ts if you're facing an assault allegation

•        Do speak to one of our assault solicitors as soon as you can. We’re available 24/7 if you’re wanted by police or if you’re calling on behalf of someone in the police station right now. That includes weekends. One of our assault solicitors can speak to the officer to delay any interview until we’ve been able to meet with you and properly discuss what’s going on. If the case is already ongoing, phone us straight away or send us a message, and we can usually set up a call or meeting the same day to help you understand the next steps.

•        Don’t discuss it with anyone who could be a witness against you, especially the police. If you can, share the situation with a friend or family member who is unconnected with what’s going on so that you’re properly supported and have good advice throughout.

•        Don’t send any text messages which potentially create more evidence which could be used against you.

•        Don’t post anything on social media.

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Why are assault cases so unpleasant?

Being accused of assault can be frustrating and even distressing if you’re on the receiving end. There is the worry about a police record or even a criminal conviction, and even whether you may risk going to prison. If any of these things can happen it can have an effect on your family, career or reputation.

Having to justify your actions or persuade people that you’re not to blame can lead to frustration. Just being accused of assault can also carry with it a stigma which is often completely undeserved. But most of all the stress of having to deal with this situation can be difficult. Not knowing the process, how you should behave towards the police, or what decisions to make at the police station interview or at court are all things which add to the burden.

 

Assault proceedings in NSW

The degree of seriousness of each particular assault offence will depend largely on the degree of harm that has been inflicted on the alleged victim.

 

If serious harm, or ‘Grievous Bodily Harm’ was inflicted upon the alleged victim, the penalties for the assault has be lengthy terms of full-time imprisonment.

 

Here is a list of the most commonly charged assault offences.

 

• Assault occasioning actual bodily harm

• Assault police

• Common Assault

• Intentionally causing grievous bodily harm

• Recklessly causing grievous bodily harm

• Reckless wounding